Directory_and_Chronicle_1894 — Page 202

H.B.M. SUBJECTS IN CHINA AND JAPAN

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Other crimes and offences above the degree of misdemeanour, tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, and not heard and determined in a summary way, shall be tried with a jury.

Any crime or offence tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court may be tried with a Jury, where the Judge, Assistant Judge, or Law Secretary so directs.

Subject to the foregoing provision, such classes of criminal cases Summary

jurisdiction. tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, as the Judge, having regard to the law and practice existing in England, from time to time directs, shall be heard and determined in a summary way.

69. Where any person is sentenced to suffer the punishment of death, Sentence the Judge of the Supreme Court shall forthwith send a report of the sentence, with a copy of the minutes of proceedings and notes of evidence in the case and with any observations the Judge thinks fit, to Her Majesty's Minister in China or in Japan, according as the crime is com- mitted in China or in Japan.

The sentence shall not be carried into execution without the direction of Her Majesty's Minister in China or in Japan (as the case may be) in writing under his band.

In any such case, if Her Majesty's Minister in China or in Japan (as the case may be) does not direct that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punishment of death is to be inflicted on the person convicted, and the person convicted shall be liable to be so punished accordingly.

Consular

70. Where the crime or offence with which any person is charged Provincial before a Provincial Court is any crime or offence other than assault Court,- endangering life, cutting, maiming, arson, or house-breaking, and appears Procedure, to the Court to be such that, if proved, it would be adequately punished by imprisonment, with or without hard labour, for a term not exceeding three months, or by a fine not exceeding 200 dollars, the Court shall hear and determine the case in a summary way, and without Assessors.

In other cases the Court shall hear and determine the case on indict- ment and with Assessors (subject to the provisions of this Order respect- ing inability to obtain an Assessor).

Punishment.

71. A provincial Court may impose the punishment of imprisonment and extent of for any term not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding 1,000 dollars, or the punishment of a fine not exceeding 1,000 dollars without imprisonment.

Beservation

72. Where the crime or offence with which any person is charged Beat before a Provincial Court appears to the Court to be such that, if proved, Provincial for it would not be adequately punished by such punishment as the Court Supreme Court, has power to impose, and the accused is not to be sent for trial to Her Majesty's dominions, the Court shall reserve the case to be heard and determined by or under the special authority of the Supreme Court.

The Provincial Court shall take the depositions, and forthwith send them, with a minute of other evidence, if any, and report on the case, to the Supreme Court.

The Supreme Court shall direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.

regarded.

73. Every Court and authority in imposing and inflicting punish- Punishment in ments, and Her Majesty's Ministers in China and Japan in directing England to be what punishment is to be inflicted in lieu of the punishment of death, shall have regard, as far as circumstances admit, and subject to the other provisions of this Order, to the punishments imposed by the law of Eng-